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(영문) 인천지방법원 2018.10.18 2018고단3914
특수상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 26, 2018, the Defendant stated that the victim D (n, 65 years old) who is the owner of the business at the place of the Defendant was aware of alcohol within the main point of "C" located in the Nam-gu Incheon Metropolitan City, Nam-gu around 06:40 on March 26, 2018, the Defendant called the Defendant that he was aware of alcohol, thereby making the victim’s left hand to defend the victim’s face, which is a dangerous object in the upper leg, was put up to the floor. The Defendant carried the victim’s shoulder by hand.

As a result, the Defendant carried dangerous things and inflicted an injury on the victim so that he could not know the number of days of treatment on the left hand and the left knee.

Summary of Evidence

1. Legal statement of the witness D;

1. Written statements of D;

1. The victim photograph (the defendant and his defense counsel did not possess a wound at the time, and they did not have a wound, and the victim was injured, and the victim was injured by his own loss of balance. However, according to the evidence duly adopted and investigated by this court, the defendant can be sufficiently recognized as having inflicted injury on the victim as stated in its reasoning. Thus, the above argument is rejected).

Application of Statutes

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Scope of punishment: Imprisonment with prison labor for not less than one year but not more than ten years;

2. With respect to special injuries prescribed in Article 258-2 of the Criminal Act, no sentencing guidelines are yet prepared.

The defendant's crime of this case was committed in six months of imprisonment with prison labor with prison labor, and the nature of the crime is not good, and the defendant can have the same criminal records, even though he had been in the probation period at the time, it seems that the crime of this case was committed in this case without being aware of it, and physical and mental suffering suffered by the defendant due to the crime of this case.

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